A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Punishment of the crime

1. No person who violates the Electronic Financial Transactions Act shall transfer or acquire a means of access in using and managing the means of access;

Nevertheless, around July 29, 2019, the Defendant issued a physical card connected to the Defendant’s bank account (Account Number: D) before the Defendant’s office located in Michuhol-gu Incheon, Michuhol-gu, Incheon around July 29, 2019, and notified the password by a Kakao Stockholm text message.

Accordingly, the Defendant transferred the means of access.

2. On July 29, 2019, a person who was unaware of the name of embezzlement, as if he/she had the victim E sell the vehicle to the victim, had the victim remit KRW 12,00,000 to the said Cbank account under the name of the Defendant, and the Defendant had the victim keep the said money for the victim from that time.

However, at around 15:21 on the same day, the Defendant, using smartphone banking operations at the home of the above Defendant, embezzled the money by arbitrarily transferring the amount of KRW 6 million out of the said money to the F Bank account (Account Number: G) in the name of the Defendant to personal consumption.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes on the details of transactions by product and by account in the name of C Bank;

1. Relevant Article of the Criminal Act, Article 355(1) of the Criminal Act (the point of embezzlement), Article 49(4)1, and Article 6(3)1 of the former Electronic Financial Transactions Act (amended by Act No. 17297, May 19, 202), the selection of imprisonment for a crime

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act on the grounds that there are two or more criminal records of the same kind of crime against the accused, the confession